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2019 Courts of Appeals Reversal Rates
I've run the numbers on the reversal rates for the intermediate appellate courts in Texas for the calendar year 2019. The overall reversal rate for the year was 77%. [...]
2019 Texas Supreme Court Numbers are in…
I am crunching the numbers for opinion dispositions by the Supreme Court of Texas for the calendar year 2019. I expect to have a few blog posts showing how [...]
The Scope of Attorney Immunity
In 2015, the Supreme Court of Texas recognized that attorneys do not owe a professional duty of care to third parties who may be damaged by the attorney’s negligent [...]
The Value of Court Precedent — Even When It’s “Wrong”
Predictability and stability in the law are essential to our democracy. Each of us makes an untold number of decisions every day, consciously or subconsciously, with respect to [...]
The Statute of Limitations for Civil Conspiracy Gets a Makeover
For many years now, intermediate Texas appellate courts have uniformly concluded that the statute of limitations period for civil conspiracy claims is two years. The Texas Supreme Court had [...]
First Amendment Rights and the Texas Citizens Participation Act
When claims are brought as a result of a person’s exercise of his or her First Amendment rights, the Texas Citizens Participation Act (TCPA) provides protection by ensuring that [...]
The “Sham Affidavit” Doctrine is Valid in Texas State Court
A party who submits a summary judgment affidavit that contradicts his or her prior sworn testimony must explain the reason for the conflict or the trial court may disregard [...]